sure of the Legislature dealt with the public defence,
and the time of the Executive was fully employed in carrying out its
enactments and performing the work of commander-in-chief of the
militia. A large proportion of the population of the State was either
avowedly loyal to the Crown or secretly indisposed to the cause of
independence. "Of all the Colonies," wrote William Jay, "New York was
probably the least unanimous in the assertion and defence of the
principles of the Revolution. The spirit of disaffection was most
extensive on Long Island, and had probably tainted a large majority of
its inhabitants. In Queens County, in particular, the people had, by a
formal vote, refused to send representatives to the colonial congress
or convention, and had declared themselves neutral in the present
crisis."[21]
[Footnote 21: William Jay, _Life of John Jay_, Vol. 1, p. 41.]
The Governor sought to crush this spirit by methods much in vogue in
the eighteenth century. At the outset of his career he declared that
he had "rather roast in hell to all eternity than be dependent upon
Great Britain or show mercy to a damned Tory." To add to his fame, he
enforced this judgment with heavy fines, long imprisonments, summary
banishments, and frequent coats of tar and feathers.
Very soon after the adoption of the Constitution, the Legislature
passed a law requiring an oath of allegiance to the State; and under
the vigorous enforcement of this act the Governor sent many Tories
from the rural districts into the city of New York or expelled them
from the State. Others were required to give a pledge, with security,
to reside within prescribed limits. At times even the churches were
filled with prisoners, some of whom were sent to jails in Connecticut,
or exchanged for prisoners of war. In 1779 the Legislature increased
the penalty of disloyalty to the State, by passing the Confiscation
Act, declaring "the forfeiture and sale of the estates of persons who
had adhered to the enemy."
Up to this time only one political party had existed among the Whig
colonists. The passage of the Confiscation Act, however, encountered
the opposition of many sincere lovers of the cause of independence,
who favoured a more moderate policy toward loyalists, since they were
probably as sincere in their opinions as those opposed to them.
Besides, a generous and magnanimous course, it was argued, would
induce the return of many desirable citizens after hostiliti
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